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Introduction to Law
INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru cevapları
INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru detayı:
SORU:
What are the exemptions to the doctrine of precedent?
CEVAP:
There are two exemptions to the doctrine of precedent each of which involves the use of tools of legal reasoning:
• Distinguishing: Distinguishing enables a court not to follow a binding precedent. If a judge finds that the facts of the case he is dealing with are very similar to those of the precedent while at the same time thinking that there is a material difference between the two, he may distinguish the precedent.
• Overruling: A judge can also overrule a decision of a lower court, if he thinks that the lower court has wrongly decided.